The CSO Platform for Reform views the recent proposal by the Ministry
of Home Affairs to amend the federal constitution to remove Section 1(e)
of the Second Schedule Part III, with grave concerns.
CSO Platform would like to remind MOHA, and others rushing for the
amendments, to relook into the concept of Kerajaan Madani and what it
espouses. The slogan coined by the present prime minister means to
reform Malaysia into a country that believes in humanity and good
values such as fair, just and effective governance. Compassion, trust and
respect are also highlighted in the Madani virtues.
Minister Saifuddin Nasution quoted Sabah as an example of having too
many people as a result of the National Security Council that allowed
those who had resided for more than 30 years to be granted citizenship.
While the numbers are huge, but this has not been attended to before,
people deserve to have a nationality. Leaving them stateless should
never be an option.
CSO Platform is most concerned that the government built upon the
foundation of reformasi is not seen to be striving to uphold that belief, so
we call upon MOHA and Prime Minister Anwar Ibrahim attention to the
followings:
Effectively engage and consult relevant stakeholders.
Do not
rush the amendments to the Federal Constitution, unless and
until stakeholders have been engaged and properly consulted; and this includes consultations with Sabah and Sarawak stakeholders.
A one-hour engagement with a small number of NGOs and
individuals held by MOHA last week is grossly insufficient for an amendment that is set to discriminate and sideline the stateless children born in Malaysia. While we appreciate the effort, many more rounds of engagement are needed if we are to achieve the right formulation for Malaysia.
Reform MOHA and NRD.
Reformation within the MOHA and the National Registration Department (NRD) is crucial at this time. It is important for MOHA to establish a standardised guideline for the processing of citizenship applications within the NRD. Additionally, efforts should be made to address and reduce bureaucratic obstacles within MOHA and the NRD in order to alleviate the difficulties encountered during the citizenship application process. Furthermore, transparency must be a fundamental principle upheld by both the NRD and MOHA. It is essential for both entities to adopt a transparent approach when processing applications for stateless individuals, ensuring that they are not left in a state of uncertainty during the processing period.
Engage the PSSC on Human Rights, Election and Institutional Reform.
We urge Minister Saifuddin to let the PSSC scrutinise the proposed amendments, before presenting it to the Cabinet or the Conference of Rulers. With the PSSC’s mandate to check and balance, they would be able to advise the government and provide a better option, leaning towards human rights.
CSO Platform for Reform expresses the hope that MOHA will reevaluate the proposed
amendments of Part III of the Federal Constitution and actively engage with stakeholders for
consultations before proceeding with the plan. We are dedicated to assisting MOHA in
streamlining the proposed amendments and working together to find effective solutions that
prioritise the rights of stateless children, and to uphold the Convention of the Rights of the
Child, of which Malaysia is party to.
Released by CSO Platform for Reform Steering Committee